Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians ( Republic Act No. 643 )
June 12, 1951
June 12, 1951
REPUBLIC ACT NO. 643
AN ACT TO AMEND SECTION NINETY OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS THE JUDICIARY ACT OF NINETEEN HUNDRED AND FORTY-EIGHT, AND SECTION ONE OF RULE NINETY-THREE OF THE RULES OF COURT IN THE PHILIPPINES
SECTION 1. Section ninety of Republic Act Numbered Two hundred and ninety-six is hereby amended to read as follows: cdt
"Sec. 90. Concurrent jurisdiction to appoint guardians. — Justices of the peace and judges of municipal courts of chartered cities shall have concurrent jurisdiction with the courts of first instance to appoint guardians or guardians ad litem for persons who are incapacitated by being of minor age or mentally incapable in matters within their respective jurisdiction."
SECTION 2. Section one, Rule ninety-three of the Rules of Court in the Philippines is hereby amended to read as follows:
"Sec. 1. Where to institute proceedings. — Guardianship of the person or estate of a minor or incompetent shall be originally cognizable by the Court of First Instance of the province where the minor or incompetent resides, and if he resides in a foreign country, by the Court of First Instance of the province wherein his property or part thereof is situated: Provided, however, That the justice of the peace courts or municipal courts of chartered cities shall have concurrent jurisdiction with the court of first instance in cases where the value of the property of such minor or incompetent falls within the jurisdiction of the latter courts."
SECTION 3. The rules of procedure provided for in the Rules of Court in the Philippines shall be followed so far as their application shall be practicable in the justice of the peace courts and municipal courts of chartered cities.
SECTION 4. The provisions of laws and rules of court inconsistent with the provisions of this Act are hereby repealed. casia
SECTION 5. This Act shall take effect upon its approval.
Approved: June 12, 1951
Published in the Official Gazette, Vol. 47, No. 7, p. 3348 in July 1951